Confiscation of seized narcotics and communication devices upon revision dismissal

The Federal Court of Justice (BGH) dismissed the defendant's revision as unfounded but modified the lower court's judgment to explicitly order the confiscation of seized drugs (methamphetamine, 3-chlormethcathinon, and cannabis) and a mobile phone, while abandoning the confiscation of drug utensils upon the General Federal Prosecutor's application, thereby upholding the conviction and specific seizure orders. The case involved a criminal appeal challenging the seizure and confiscation of property in a drug trafficking proceeding, where the defendant contested the handling of secured assets. The court applied the principles of *Beseitigung* and *Entfallen* regarding confiscation, determining that while the substantive guilt finding remained valid, the judgment required correction to legally secure the forfeiture of the primary illicit substances and the specific communication device used in the offense, leaving the remainder of the Leipzig Regional Court's verdict in force.